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MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION

GOVERNMENT POLYTECHNIC, JALGAON


(0018)

Program Name and Code : Civil Engineering (CE)


Course Name and Code : Management
Academic Year : 2020-2021
Semester : VI
A MICRO PROJECT
On
Detailed Study on Legislative Acts.

Submitted on 27/05/2021 by the group of 05 students.

Sr. Roll
Name of student Enrollment No. Seat No.
No. No.
1. 344 Vaibhav Sambhaji Patil 1800180062
2. 345 Keshav Haribhau Surwade 1800180063
3. 346 Pritesh Pravin Wadile 1800180064
4. 347 Shreyas Ashok Pawar 1800180065
5. 348 Harshal Shivdas Bhoi 1800180066

Project Guide
Mr. Purshottam Soni Sir
(Lecturer in Management)

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MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION
Certificate

This is to certify that Master /Ms. VSP, KHS, PPW, SAP, HSB

RollNo.344,345,346,347,348 of VI Semester of Diploma in Civil Engineering of Institute, Government


Polytechnic, Jalgaon (Code:0018) has completed the Micro Project satisfactorily in the Subject –
Management for the Academic Year 2020- 2021 as prescribed in the curriculum.

Place: Jalgaon Enrollment No: 1800180062

Date: 27/05/2021 1800180063

1800180064

1800180065

1800180066

Subject Teacher Head of the Department Principal

Seal of
Institutio
n

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GOVTERNMENT POLYTECHNIC
JALGAON

-SUBMISSION-

I (Full Name) VSP, KHS, PPW, SAP, HSB


Roll No. /Seat No. 344,345,346,347,348 as a student of VI Sem/Year of the Programmed Civil
Engineering humbly submit that I have completed from time to time the Micro-Project work as described
in this report by my own skills and study between the period from 22/05/2021 to 27/05/2021 As per
instructions/guidance of and that following students were associated with me for this work, however,
quantum of my contribution has been approved by the Lecturer.
And that I have not copied the report on its any appreciable part from any other literature in
contravention of the academic ethics.

Date: 27/05/2021 Signature of Students

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Evaluation Sheet for the Micro Project

Academic Year: 2020-2021


Name of the Faculty: Mr. Purshottam Soni
Course: CE6I [R] Course code: 0018 Semester: VI

Title of the project: Detailed Study on Legislative Acts.

Marks out of Marks out of


6 for 4for
Roll Student Name performance performance in Total out
No in group oral/ of 10
activity presentation
(D5 Col.8) (D5 Col.9)
344] Vaibhav Sambhaji Patil
345] Keshav Haribhau Surwade
346] Pritesh Pravin Wadile
347] Shreyas Ashok Pawar
348] Harshal Shivdas Bhoi

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INDEX

SR.NO. CONTENT PAGE NO.


1
Introduction 6

2 Industrial Act 7

3 Industrial Dispute Act 10

4 Workman Compensation Act 12

5 Minimum Wages Act 14

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Legislative Act
1. Introduction
• Legislation is law which has been promulgated by a legislative or other government body
or the process of making it. Before an item of legislation becomes law, it may be known as
a bill, and may be broadly referred to as “legislation”, while it remains under
consideration to distinguish it from other business. Legislation can have many purposes; to
regulate, to authorize, to grant, to declare or restrict. It may be contrasted with a non-
legislative act which is adopted by an executive or administrative body under the authority
of a legislative act or for implementing a legislative act.

• Legislative act us an act passed by a legislative body. It is a legal document codifying the
result of deliberation of a committee or society or legislative body.

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2. Industrial Act
Employer and employees are the two parties across the table. Relationship between these two is
very important for the development and the survival of any organization. Industrial acts, initially
called as labor legislation had a protective function dealing with wages, working conditions,
social interests, social interest, industrial peace. The progress of such legislation is mentioned as
below:

Industrialization started in European nation

Exploitation of labors

Revolt by labors

Introduction of legislation for industries

Acceptance of such legislation as it is by developing nations

Amendments as per requirement

Present Industrial Acts

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2.1 Necessity of Industrial Acts.
• It gives legal platform and support to employees.
• It creates industrial peace and improve employer – employee and labor- management
relationships.
• It gives solution to quarrels in industry.
• It removes out autocracy of management and extortion of workers.
• Employees get compensation in cases of accidents.
• It reduces gap between employer and employee due to workers participation in
management.
• It guarantees welfare of employees.

2.2 Indian Factory Act


2.2.1 Facts
The Indian Factory Act is administered by the ministry of Labor and Employment in
India through its Directorate General Factory Advice Service and Labor Institutes
(DGFASLI)and by the state Government through their factory inspectorates.
The act is applicable to any factory using power and employing 10 or more workers and if not
using power, employing 20 or more workers on day of the preceding twelve months, and in any
part of which a manufacturing process is being carried on with aid of power, or is ordinarily.
1. This act may be called the factories act, 1948
2. It extend to the whole of India
3. It shall come into force on the 1st day of April, 1949

2.2.2 Objective and Aims


The main objective of the India Factory Act, 1948 are to regulate the working condition
in factories, to regulate the health, safety welfare, and annual leave and enact special provision
in respect of young person, women and children who work in the factories.

2.2.3 Working Hours


According to the provision of working hours of adults, no adult workers shall be
required or allow to work in factory more than 48 hours in a week. There should be a weekly
holiday.

2.2.4 Health
For protecting the health of workers, the act lays down that every factory should kept
clean and all necessary precaution shall be taken in this regard. This factory should have
proper drainage system, adequate lighting, ventilation, temperature etc.
Adequate arrangement for drinking water should be made. Sufficient latrine and
urinals should be provided at convenient places. These should be easily accessible to workers
and must be kept cleaned.

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2.2.5 Safety
In order to provide safety to the workers, the Act provides that the machinery should be
fenced, no young person shall work at any dangerous machine. In confirmed spaces, there
should be provision for manholes of adequate size so that in case of emergency the workers
can escape.

2.2.6 Welfare
For the welfare of the workers, the act provides that in every factory adequate and
suitable facilities for washing should be provided and maintained for the use of workers.

2.2.7 Penalties
The provision of Factory Act, 1948 or any rules made under the act or any order given in
writing under the act is violated, it is treated as an offence. The following penalties can be
imposed:
(a) Imprisonment for a term which may extend to one year;
(b) Fine which may extend to one lakh rupee or
(c) Both fine and imprisonment.
If a worker misuses an appliance related to welfare, safety and health of workers, or in
relation to discharge of his duties. He can be imposed a penalty of Rs. 500/-

❖ Importance of Factories Act, 1948


The factories Act, 1948 is a beneficial legislation. The aim and object of Act is essentially to
safeguard the interest of workers, stop, hygiene and welfare at their place of work. It casts barous
obligations, duties and responsibilities on occupier of a factory and also on the factory manager.
Amendments to the Acts and court decision have further extended the nature and scope of concept
of occupier, epically vis-à-vis hazardous processes in factories.

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3. Industrial Disputes Act.
Industrial Disputes Act was introduced in 1948. This act has made provision for the
investigation and settlement of industrial disputes and for certain other purposes. It provides for a
special machinery of conciliation officers, work committee, court of inquiry, labor courts,
industrial tribunals and national tribunals, defining their powers, functioning and duties and also
the procedure to be followed by them.

3.1 Objective of the Act


1. To promote measures establishing cordial industrial relations between employee and
employers.
2. To minimize the differences and solve the disputes through settlement machineries.
3. To provide a suitable machinery for investigation and find settlement for industrial disputes.
4. To prevent illegal strikes and lockout by employee and employers.
5. To establish rules and regulation to provide relief to workmen for layoffs, retrenchments.
6. To set guidelines for fair labor practices.
7. To promote collective bargaining.

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3.2 Authorities under Industrial Dispute Act:
1. Works committee:
• Consist of representatives of workers and employer both.
• Representatives of workmen are not less than that of employer.
• The committee promotes goods relations between workers and employer.

2. Conciliation Officers:
• Conciliation officer is appointed by any Appropriate government.
• Conciliation officer is key person to promote the settlement of industrial disputes.

3. Board of conciliation:
• It is appointed by government.
• Chairman is an independent person.
• Both parties (Workers and employer) have equal number of representatives.

4. Courts of enquiry:
• Appointed by government.
• One or more independent person.
• Report submission within 6 months.

5. Industrial Tribunals:
• It is constituted for:
(a) Wages
(b) Hours of work
(c) Holidays and leaves with eyes
(d) Bonus
(e) Provident fund etc.
• Qualification of presiding officer of the industrial Tribunal is same as that of Labor
Court.
6. National Tribunals:
• It is for the industrial disputes which involves issues of national importance.
• Presiding officers:
(a) An independent person
(b) Less than 65 years of age
(c) Judge of high court.

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4. Workman’s Compensation Act
The workman Compensation Act, 1923 is an enactment that was issued by the trial
Government and was implemented by various states and government which gives social security
to workers. This security is offered by the law for the people who work.
The act was formed after it was noted that labors were getting more exposed to danger
with use of advanced and sophisticated machinery. The common law had it that the employer
would only to take up the compensation responsibility if it found that the industrial accident was
negligence. In India, the issue of compensation workmen after fata and major accidents hits the
road in 1814. It was then in 1885 that the factory and mining inspectors realized that the fatal
accidents act, 1885, was not enough to attend to the intended purposes.
The state offered a hearing ear when members of the legislative assembly employer
representative, workers and experts in medicine and insurance formed a committee that gave a
report that led to the enacting of the workmen compensation act in 1923.

4.1 Objective of the Workman Compensation Act


• The Workman Compensation Act of 1923 was formed majorly to give compensations to
workman in the event of an accident.

• The act has it that employers should have duties and obligation that included the welfare
of workers after an injury resulting from employment in the same way they have reserved
to the right to make profits. The act aims to see workman have a sustainable life after an
employment related accident.

4.2 Terminology:
(a) Accident: Any mis happening that causes injury to a person.
(b) Dependent: dependent means any of the relatives of an affected worker. e.g. wife, windowed
mother, minor son, unmarried daughter.
(c) Workman: Any person, who is employed is an organization working according to rules of
section (II) of this act, except these work on causal basis.
(d) Minor: Any person of age not more than 18 years.
(e) Partial Disablement: Disablement which reduce the earning capacity of a workman. It is of
a temporary nature.
(f) Total Disablement: Disablement which reduce the capacity of workman total work and then
he/she cannot earn at all.

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4.3 Industrial Health through Workman’s Compensation Act:
• Workmen are compensated against accidents.
• Injured employees are supported in all ways.
• Indirect awareness about accident.
• Assistance after the incident.
• Financial Support to affected employees.
• Attitude of ‘Thanks for help” among workman.

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5. Minimum Wages Act, 1948
The Minimum Wages Act 1948 is an act of parliament concerning Indian Labor law that
sets the minimum wages that must be paid to skilled and unskilled labors.
The Indian Constitution has a defined a ‘living wages’ that is level of income for worker
which will ensure a basic standard of living including good health, dignity, comfort, education
and provide for any contingency. However, to keep in mind an industry capacity to pay the
constitution has defined a ‘fair wage’. Fair wage is that level of wage that not just maintains a
level of employment, but seeks to increase it keeping in perspective to industry capacity to pay.
India introduced the Minimum Wages Act in 1948, giving both the Central government
and state government jurisdiction in fixing wages. The act is legally non-binding, but strategy
payment of wages below minimum wage rates amounts forced labor. The highest minimum
wages rate as per updated in 2012 was Rs. 322/day in Andaman and Nicobar. And the lowest was
Rs. 38/day in Tripura. In Mumbai, as of 2017, the minimum wage was Rs. 348/ day for a safai
karamchari, but this was rarely paid.

5.1 Aim:
To ensure that employed person are not subjected to exploitative wages the employers.
This act defines the minimum wage payment for certain employment. It aims to provide fair
wages to employed persons.

5.2 Provision
1. Fixation of minimum wages:
• The minimum wages may consist of basic rate wages and special allowance at a rate to
be adjusted to keep with the cost of living index.
• The government fixes the minimum wages.
• This is revised at regular interval; but not exceeding for years.

2. Advisory Board:
• Advisory board is appointed by the appropriate government.
• This board is responsible for co-ordination of the committee and subcommittee
appointed for the purpose of wage fixation.

3. Penalties:
• Rs. 500/- and imprisonment.

❖ References
• www.wikipedia.com
• Management nirali publication Textbook

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